|
Occupatio (Scots Law)
''Occupatio'' or occupation is a method of original acquisition of property in Scots law. It derives from the Roman law concept of the same name. Occupatio allows an occupier of an object (''res'') with the intention to own the property to become the owner. As most property in Scotland is owned, and with the caduciary right (or ''escheat'') that all ownerless property falls to the Crown, its application is uncommon. Nevertheless, it remains a valid method of acquiring ownership in Scots law. Roman law In Roman law, ''occupatio'' was an original method of acquiring ownership of un-owned property (''res nullius'') by occupying with intent to own. Nicholas argues this is the "archetype" of all other Roman law methods of original acquisition. According to the Roman jurist Gaius, any previously unowned thing becomes the just property of the first occupant able to "capture" it: Abandoned goods (''res derelictae'') was also ''res nullius'' and subject to acquirement through ''occ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Occupatio
''Occupatio'' (occupation) was an original method of acquiring ownership of un-owned property (''res nullius'') by occupying with intent to own. Roman legal writings on acquisition by ''occupatio'' Nicholas argues this is the "archetype" of all other Roman law methods of original acquisition. According to the Roman jurist Gaius, any previously unowned thing becomes the just property of the first occupant able to "capture" it: Abandoned goods (''res derelictae'') was also ''res nullius'' and subject to acquirement through ''occupatio''. Land, however, was excluded and could not be acquired using ''occupatio''. ''Occupatio'' in the modern world The Roman law ''occupatio'' has continued relevance in present times, partly due to its adoption by legal systems across Europe, Africa and North America. It is also used in international law. Domestic legal systems Legal systems across the modern world continue to employ a form of ''occupatio''. A full discussion of each legal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Escheat
Escheat () is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord. Etymology The term "escheat" derives ultimately from the Latin ''ex-cadere'', to "fall-out", via mediaeval French ''escheoir''. The sense is of a feudal estate in land falling-out of the possession by a tenant into the possession of the lord. Origins in feudalism In feudal England, escheat referred to the situation where the tenant of a fee (or "fief") died without an heir or committed a felony. In the case of such demise of a tenant-in-chief, the fee reverted to the King's demesne permanently, when it became once again a mere tenantless plot of land, but could be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for Civil law (legal system), legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary. Eastern Europe was also influenced by the jurisprudence of the , especially in countries such as medieval Romania, which created a new legal system comprising a mixture of Roman and local law. After the dissolution of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Nullius
''Res nullius'' is a term of Roman law meaning "things belonging to no one"; that is, property not yet the object of rights of any specific subject. A person can assume ownership of ''res nullius'' simply by taking possession of it ''( occupatio)''. However, in ancient Rome, certain forms of ''res nullius'' could never be owned ('' res extra commercium'') because they were considered to belong either in common to all or to the divine rather than human ''dominium''. The use of ''res nullius'' as a legal concept continues in modern civil legal systems. Examples of ''res nullius'' are wild animals (''ferae naturae'') or abandoned property ('' res derelictae''). Finding can also be a means of ''occupatio'' (i.e. vesting ownership), since a thing completely lost or abandoned is ''res nullius'', and therefore belonged to the first taker. Specific legislation may be made, e.g. for beachcombing. Scope Wild animals In common law legal systems, forest laws, and game laws have spec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gaius (jurist)
Gaius (; ''floruit, fl.'' AD 130–180) was a Roman Empire, Roman jurist. Little is known about his personal life, including his name (Gaius or Caius being merely his personal name (''Roman naming conventions, praenomen'')). It is also difficult to ascertain the span of his life, but it is assumed he lived from AD 130 to at least AD 179, as he wrote on legislation passed within that time. From internal evidence in his works it may be gathered that he flourished in the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His works were thus composed between the years 130 and 180. After his death, however, his writings were recognized as of great authority, and the emperor Theodosius II named him in the ''Law of Citations,'' along with Papinian, Ulpian, Herennius Modestinus, Modestinus and Julius Paulus, Paulus, as one of the five jurists whose opinions were to be followed by judicial officers in deciding cases. The works of these jurists accordingly beca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Derelictae
In Roman law, ''res derelictae'' referred to property voluntarily abandoned by the owner. The dominant strand of legal thought under the Roman Empire held it to be a form of ''res nullius'', or "un-owned" property, but it was necessary to establish that it had been voluntarily abandoned. The opposite was ''res mancipi'', or "owned" property. See also * Res communis * Sicaricon ''Sicaricon'' (), (now obsolete), refers in Jewish law to a former act and counter-measure meant to deal effectively with religious persecution against Jews in which the Roman government had permitted its own citizens to seize the property of ... References Roman law {{AncientRome-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultimus Haeres
''Ultimus haeres'' (Latin for ''ultimate heir'') is a concept in Scots law where if a person in Scotland who dies without leaving a will (i.e. intestate) and has no blood relative who can be easily traced, the estate is claimed by the King's and Lord Treasurer's Remembrancer on behalf of the Crown. It is one of two rights to ownerless property that the Crown possess, the others being bona vacantia. Because of ancient nature of the Crown's right, little academic or case law focuses on the application of ''ultimus haeres'' in Scots Law. However, the leading authoritative text in this area is A.G MacMillan, ''The Law of Bona Vacantia in Scotland''. (W. Green & Son, limited, 1936). In England & Wales, such matters are dealt with under ''bona vacantia Unowned property includes tangible, physical things that are capable of being reduced to being property owned by a person but are not owned by anyone. ' (Latin for "ownerless goods") is a legal concept associated with the unowned pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bona Vacantia
Unowned property includes tangible, physical things that are capable of being reduced to being property owned by a person but are not owned by anyone. ' (Latin for "ownerless goods") is a legal concept associated with the unowned property, which exists in various jurisdictions, with a consequently varying application, but with origins mostly in English law. Nearly every piece of land on the Earth is a property and has a maintainer (owner). The class of objects, "unowned things", are objects which are not yet property; either because it has been agreed by sovereign nations that no one can own them, or because no person, or other entity, has made a claim of ownership. The most common unowned things are asteroids. The UN's Outer Space Treaty does not address the issue of private ownership of natural objects in space. All asteroids remain unowned things until some person or entity makes a claim of property right to one of them. In an experimental legal case of first impression, a laws ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inter Regalia (Scots Law)
The ''inter regalia'' are the rights falling to the Crown (ie: The King/Queen of Scots) in Scots property law. The term derives from Latin ''inter'' (among) and ''regalia'' (things of the king). There are two classes of rights, divided into: *''The regalia majora'' (major regalia), which are inseparable from the person of the sovereign. *''The regalia minora'' (minor regalia), which may be conveyed to a subject. The regalia majora The ''regalia majora'' are royal rights which cannot be alienated by the Crown. Examples are: * the Crown's right in the sea and seabed in respect of public rights of navigation and fishing; * the Crown's right in the foreshore in respect of public rights of navigation, mooring boats and fishing; and * the Crown's right in the water and bed of navigable rivers, again in respect of public rights such as navigation. The regalia minora Under feudal law, which operated in Scotland from the Davidian Revolution until 28 November 2004, all land in Scotland w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wildlife And Natural Environment (Scotland) Act 2011
The Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) or WANE Act is an Act of the Scottish Parliament which introduced legislation to that country, affecting the way land and the environment is managed. The act also amended earlier environmental legislation, including the Wildlife and Countryside Act 1981 and the Deer (Scotland) Act 1996. Principal elements The Act affected game-shooting, species protection, and introduced new wildlife offences into Scotland such as vicarious liability. Amongst other things it: *abolished the designation of areas of special protection for wild birds; *increased regulation of snaring practices; *introduced a closed season for the killing of mountain hares; *introduced a new regime for controlling invasive non-native species; *changed arrangements for deer management and deer stalking; *strengthened badger protection; *required Scottish Ministers to present an annual report to Parliament of offences relating to wildlife crime; *ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wildlife And Countryside Act 1981
The Wildlife and Countryside Act 1981 (c. 69) is an act of Parliament in the United Kingdom implemented to comply with European Council Directive 79/409/EEC on the conservation of wild birds. In short, the act gives protection to native species (especially those at threat), controls the release of non-native species, enhances the protection of Sites of Special Scientific Interest and builds upon the rights of way rules in the National Parks and Access to the Countryside Act 1949. The act is split into 4 parts covering 74 sections; it also includes 17 schedules. The legislation has strength; few amendments have been made to it, and it has acted as a foundation for later legislation to build upon. The compulsory five year review of schedules 5 and 8 make it dynamic in terms of the species which it protects. History Wild Birds Protection Act 1902 The Wild Birds Protection Act 1902 ( 2 Edw. 7. c. 6) was an act of Parliament of the Parliament of the United Kingdom, given the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proceeds Of Crime Act 2002
The Proceeds of Crime Act 2002 (c. 29) (POCA) is an act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the UK. Background The act was enacted following the publication on 14 June 2000 of new government policy as set out in the Performance and Innovation Unit's report "Recovering the Proceeds of Crime". It deals with a wide range of matters relevant to UK law on proceeds of crime issues. These include confiscation orders against convicted individuals (requiring payment to the State based upon the benefit obtained from their crimes), civil recovery of proceeds of crime from unconvicted individuals, taxation of profits generated from crime, UK anti-money laundering legislation, powers of investigation into suspected proceeds of crime offences, and international co-operation by UK law enforcement agencies against money laundering. The Act has be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
